What Qualifies as Entrapment in Tennessee?
From time to time, a potential client accused of a crime will call up one of our TN criminal defense attorneys with allegations that an undercover police officer tricked him into doing an unlawful act. When the officer merely provides an opportunity for a suspect to commit a crime, the client has no defense. However, when the client comes to us with facts that the officer took steps to persuade him to do an unlawful act, we start thinking about the defense of entrapment. If there is sufficient evidence of persuasion or inducement, the client may not be criminally liable for the crime of which he is accused.
Specifically, Tennessee law provides that “it is a defense to prosecution that law enforcement officials, acting either directly or through an agent, induced or persuaded an otherwise unwilling person to commit an unlawful act when the person was not otherwise predisposed to do so.”
To illustrate, say an undercover police officer poses as a drug buyer and approaches a suspected drug seller or dealer. The officer asks the suspect if he knows where he can purchase drugs. The suspect says he has no idea. The officer, however, continues to press and, growing tired of the persistent officer, the suspect calls up a friend who gives him a number of a known drug dealer. The suspect then gives the number to the officer who proceeds to offer the suspect money to purchase the drugs for him. Seeing an opportunity to make a quick buck, the suspect accepts the money and is later arrested for selling drugs in Tennessee.
Under these facts, the suspect would likely be acquitted of any drug charges because the facts support the entrapment defense. The officer pressed the suspect for a “few minutes,” supporting the notion that the officer attempted to persuade the suspect to sell him drugs. Further, the suspect did not know the known drug dealer’s number from memory but had to call up a friend. This shows that the dealer was not otherwise predisposed or inclined to sell drugs. The suspect is also likely to testify that had it not been for the opportunity to make some extra cash, he would not have accepted the money. This shows that the suspect did not have the subjective intent to sell drugs prior to the officer providing the opportunity.
If you feel that you were induced or coerced to do an unlawful act by an undercover police officer, the experienced Knoxville criminal defense attorneys at Baker Associates have the knowledge and skills to mount powerful defense tactics to combat the allegations against you. Call 866-853-2888 today so that we can discuss your case with you. Your initial case evaluation is free of charge.
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